A strike is a temporary work stoppage by employees, and a lockout is a temporary refusal by an employer to furnish work, both as a result of a labor dispute. They are lawful only for valid grounds, a bargaining deadlock or an unfair labor practice, and only after strict procedures: a notice of strike or lockout filed with the National Conciliation and Mediation Board, observance of the cooling-off period, a strike vote reported to the board, and observance of a mandatory waiting period. An illegal strike can cost union officers their employment, and unlawful acts during a strike carry liability.
The strike is labor’s ultimate weapon, and the lockout is management’s. Both are legally protected — but only when the grounds and procedures are strictly followed. An illegal strike can cost workers their jobs.
What They Are
- A strike is a temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute; and
- A lockout is a temporary refusal of an employer to furnish work as a result of a labor dispute.
They are the pressure tactics each side may use in a dispute, and the law channels them into a regulated process.
The Only Valid Grounds
A strike or lockout is lawful only on two grounds:
- A bargaining deadlock (a collective-bargaining impasse); or
- Unfair labor practice (ULP) by the other party.
Strikes over issues that are not proper subjects (such as inter-union or intra-union disputes, or matters covered by grievance/arbitration) are generally illegal.
The Strict Procedure
Even with a valid ground, the union (or employer) must follow the procedural requirements, or the strike/lockout is illegal:
- File a notice of strike (or lockout) with the National Conciliation and Mediation Board (NCMB);
- Observe the cooling-off period — generally 30 days for a bargaining deadlock and 15 days for ULP (with an exception for union-busting) — during which the NCMB conciliates;
- Conduct a strike vote by secret ballot, approved by a majority, and report the result to the NCMB at least the required number of days before the strike; and
- Observe the seven-day strike-vote reporting/waiting period before actually striking.
These procedural steps are mandatory — a strike that skips the notice, cooling-off, or strike-vote requirements is illegal regardless of the merits.
Prohibited Acts During a Strike
Even in a legal strike, certain acts are prohibited and can make it illegal or expose participants to liability, including violence, coercion, or intimidation; obstructing free ingress to or egress from the employer’s premises (blocking entrances); and obstructing public thoroughfares. A peaceful, lawful strike is protected; a violent or obstructive one is not.
The Consequences of an Illegal Strike
The stakes are high, especially for union officers:
- A union officer who knowingly participates in an illegal strike may be dismissed; and
- An ordinary member is generally not dismissed for merely participating in an illegal strike, but may be dismissed if they committed illegal acts during the strike (violence, sabotage).
So the leadership bears the greater risk, and unlawful conduct by any striker is separately punishable. Certain industries indispensable to the national interest are also subject to assumption of jurisdiction by the Secretary of Labor, which can enjoin or end a strike.
Practical Advice
- Unions: a strike must rest on a valid ground (deadlock or ULP) and strictly follow the procedure (notice, cooling-off, strike vote); skipping steps makes it illegal and endangers your officers.
- Keep strikes peaceful and do not block ingress/egress — illegal acts can cost members their jobs.
- Employers: a lockout follows the same rules, and unfair labor practice can invite a lawful strike — bargain in good faith.
Frequently Asked Questions
When is a strike legal? Only on a valid ground, a collective-bargaining deadlock or an unfair labor practice, and after following the strict procedure: a notice of strike to the NCMB, the cooling-off period, a strike vote reported to the NCMB, and the waiting period.
What procedure must a strike follow? File a notice of strike with the NCMB, observe the cooling-off period (generally 30 days for a deadlock, 15 for ULP), conduct a majority strike vote by secret ballot, report it to the NCMB, and observe the waiting period before striking.
What acts are prohibited during a strike? Violence, coercion, or intimidation, obstructing free ingress to or egress from the premises (blocking entrances), and obstructing public thoroughfares. A peaceful strike is protected; a violent or obstructive one is not.
What happens if a strike is illegal? A union officer who knowingly joined an illegal strike may be dismissed. An ordinary member is generally not dismissed for mere participation but may be dismissed for committing illegal acts during the strike.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you face a strike, lockout, or a dismissal arising from one, our firm can advise you on your rights and risks. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.